Suspended Chief Justice drags government to ECOWAS Court
Deputy Attorney General, Justice Srem-Sai, has revealed that Ghana’s suspended Chief Justice, Gertrude Araba Esaaba Torkornoo, has filed a new legal challenge at the ECOWAS Community Court of Justice in Abuja, Nigeria.
The application seeks redress over her recent suspension and the ongoing process for her possible removal from office.
This international legal action adds a new layer to the controversy surrounding her case, which is already the subject of multiple legal challenges in Ghana.
Justice Torkornoo was suspended by President John Dramani Mahama under Article 146 of the 1992 Constitution, following the submission of three separate petitions calling for her removal.
She has since filed suits at both the Supreme Court and the High Court to contest the legality of her suspension.
In a Facebook post on Tuesday, July 8, Justice Srem-Sai disclosed that Justice Torkornoo lodged her application with the ECOWAS Court on July 4.
According to him, her petition is grounded in allegations of human rights violations, specifically the claim that she was suspended without a conclusive determination of the allegations brought against her.
“Essentially, Her Ladyship argues that by her suspension, she has effectively been removed from her official capacity without a final determination, impairing her right to function and serve in a position she was constitutionally appointed to,” Srem-Sai stated.
On July 1, the Attorney General filed a motion at the Human Rights Division of the High Court seeking to strike out Chief Justice Gertrude Torkornoo’s application for judicial review.
In an affidavit sworn by State Attorney Reginald Nii Odoi, the State argues that her application is fundamentally flawed, citing a “grave misstatement of capacity” and the failure to include “mandatory and essential parties,” rendering the case legally defective.
President John Dramani Mahama has reiterated that his administration is strictly following constitutional procedures.
Speaking on the matter recently, he emphasized that the presidency had acted within its constitutional mandate and was now awaiting the findings of the investigative committee reviewing the petitions for Justice Torkornoo’s removal.
The suspension of the Chief Justice has sparked a national debate, drawing sharp reactions from legal experts, civil society groups, and political leaders.
The opposition New Patriotic Party (NPP) and the Minority in Parliament have raised serious concerns about the potential threat to judicial independence and due process.
Despite growing public scrutiny, government officials continue to assert that all actions taken so far are in line with Ghana’s democratic and legal frameworks.
They maintain that the process respects the rights of all parties and is being conducted in a transparent, lawful manner.
The final decision of the investigative committee will be pivotal in determining Justice Torkornoo’s future whether she is reinstated or permanently removed from office.